INDONESIA David Cohen,• Aviva Nababan,* Agung Widjaya+1 I. INTRODUCTION On Sunday morning, December 26, 2004, around 8:00 a.m. local time, Juanda and Embong had just fi nished a report they worked all night to complete in the People’s Crisis Center (PCC) Offi ce in Banda Aceh, and decided to walk to a nearby market to buy some breakfast. Suddenly the earth shook mightily, preventing the two men from walking. Embong could only watch as a two-story building slowly collapsed and shattered. Everyone ran out from the buildings, their panic intensifi ed by seeing waves as high as 20 meters approaching the road. The population ran without direction. Juanda and Embong tried to run to the Merduati area, where Embong’s house was, remembering that Embong’s father was sick and resting at home. But in seconds they were swallowed up by the waves. They survived by hanging on to an electricity pole, and could only watch as children, women and senior citizens were swept away by the waters and drowned. It was as if doomsday had come. People were screaming prayers, and chaos was everywhere. Two hours later, the two men climbed down, swam, and later walked to the site of the PCC offi ce, which was gone. They immediately went to Merduati village, and stopped when they came across a body. As Embong hugged the corpse of his father, whom he had been unable to rescue, they cried and called upon Allah’s name. Unfortunately, this heart-wrenching story is similar to those of thousands of tsunami victims in Aceh. A series of earthquakes, reaching up to 8.9 on the Richter scale, shook the province and some parts of North Sumatra. The quake was followed by tsunami waves hitting the coastal areas, taking hundreds of thousands of lives and destroying everything in their path.2 People lost their homes. Some of them, when they could salvage enough remaining assets, fl ed to the neighboring province. As an Acehnese victim who took refuge in Medan (North Sumatra) said: “After the tsunami I lost everything; my home and its contents all gone. We went to Medan bringing nothing with us. We just saw it as important to get out of Aceh, and the closest destination was Medan.” In the areas where our team conducted interviews, many people lost their relatives, and many of them are still missing. The government’s data show that the natural disaster has taken 124,946 lives, while 94,994 people are still missing. At least 400,376 people have been displaced.3 The offi cial fi gure of material loss due to the tsunami is US$445 million, 60 percent of which is property loss and 34 percent of which is lost income. The December 2004 tsunami was certainly one of the worst natural disasters the world has ever seen, and while the most extensive damage occurred in Aceh, it also impacted the neighboring province as well as other countries bordering the Indian Ocean. • Ancker Distinguished Professor of the Humanities, University of California, Berkeley * Research Consultant, Human Rights Center, University of California, Berkeley + Researcher, The Centre for Democracy and Human Rights Studies (DEMOS), Indonesia HUMAN RIGHTS OF VULNERABLE POPULATIONS 27 Methodology This report presents the result of observations, interviews, and document analysis in those parts of Indonesia affected by the tsunami, with the focus on Aceh. Researchers conducted the study between March and May 2005, with one-week visits to Aceh and North Sumatra. The researchers made an additional visit to Aceh in July 2005 to update the fi ndings and to visit areas that were not accessible during the fi rst visit. We visited Banda Aceh, Aceh Besar, Sigli, Bireuen, Pidie, Lhoksuemawe, North Aceh, Medan, and Deli Serdang (the last two areas are in North Sumatra) from March 24–April 3, 2005, and Meulaboh and Lamno from July 6–12, 2005. We also met and interviewed key informants from organizations and agencies headquartered in Jakarta that are working in post-disaster relief in Aceh. Map of IDP Distribution (March 2005) 28 AFTER THE TSUNAMI This report has three objectives: Legacy of Struggle 1. to identify the most vulnerable groups in post-tsunami Aceh; A legend says that the name of Aceh is derived from the names of nations 2. to identify those areas of human rights violations in that were part of the region’s ancestry: need of specifi c attention during the immediate period Arabia, China, Europe, and Hindustan after the tsunami (the rescue and relief phase) as well as (India). Fiercely independent, the Aceh- nese were one of the peoples in the for- during the reconstruction and rehabilitation phase; and mer Dutch East Indies who maintained 3. to formulate recommendations for the next phase in the a continuous and fi erce fi ght against recovery of Aceh. the colonizers. The government of the newly established state of Indonesia initially acknowledged their services in II. PRE-EXISTING HUMAN RIGHTS VIOLATIONS the struggle for independence, which included purchasing the fi rst airplane Before the tsunami, the majority of the people of Aceh— for the Republic. Yet as Aceh became a traditionally known as Nganroe Aceh Darussalam—lived in a part of Indonesia, those services seem deplorable situation. The natural disaster presented yet another to be forgotten. In 1953 the central challenge to those who had struggled for years. For decades the government decided to merge Aceh people endured the effects of an ongoing guerrilla war between with North Sumatra to create a larger GAM (the Free Aceh Movement) and Indonesia’s military. The province, inciting anger and a struggle guerrilla war, arising mainly from the inequitable management of for independence that lasted until 1959, when the central government declared resources in the province by the central government, has lasted Aceh again to be one province, with a for decades. The Jakarta government benefi ted most from the special honorary status. However, eco- vast profi ts produced by the province’s natural resources. The nomic injustices by the central govern- central government responded to this struggle with large-scale ment continued; and triggered by the military operations. Throughout the years of war, the population massive exploitation of gas resources has suffered human rights violations committed by both sides.4 in North Aceh, the Free Aceh Movement Acehnese civilians have been deprived of their ability to earn or GAM emerged in 1976. Since then the their living and to exist peacefully during the confl ict. The confl ict guerrilla war against the government of has stifl ed the economy of the region, and poverty has been the Indonesia has not ceased. common condition for most of the residents of this fertile land rich The civil governance collapsed as Aceh with natural resources. was declared a military operation The military presence, and the ongoing human rights abuses, area (DOM) in 1989. After the fall of also created an atmosphere of fear and psychological trauma. Prior Soeharto in 1998, this status was lifted and attempts were made to hold peace to the tsunami, prevailing human rights violations included killings, negotiations between the government 5 arbitrary detention, torture, and civilian kidnapping. Patterns of of Indonesia and GAM, facilitated by vulnerability in the population in Aceh before the tsunami show the Henry Dunant Centre. These talks that males of reproductive age were the most vulnerable to abuse collapsed in 2003. This was followed by the two confl icting parties, followed by women and children.6 by President Megawati’s decision to declare Aceh a military emergency area However, in many ways women have borne the greatest (DM), which was similar in arrangement impact of the confl ict. They have been the backbone of the to a DOM. This decision was revised in community: fending for their families, confronting the military 2004, when Aceh was declared a civil during raids while the men ran to the forest for fear of abduction emergency area (DS), enabling some or other violence, earning their families’ livelihoods after male powers to return to the hands of civil- heads of households died or disappeared, and pleading with the ian government offi cials. However, the authorities when men were detained. Despite the restrictions placed human rights situation did not improve by much. on women by cultural and religious practices, they have asserted themselves. HUMAN RIGHTS OF VULNERABLE POPULATIONS 29 In Aceh, displacement of people is not a new phenomenon. In another violation of human rights, illegal levies imposed by both parties have forced many people to abandon their land. These earlier Aceh IDPs (internally displaced persons), sometimes referred to as DOM IDPs (or IDPs from the era when Aceh had “military operation area” status), have scattered to various parts of Sumatra, surviving with minimal aid, and sometimes in confl ict with local communities. Up to now, the pre-tsunami IDPs have not received the support they are entitled to from the government. This lack of support for those displaced by human rights violations in the province led Siswanto from GEMA, a Medan-based organization that has worked with pre-tsunami Aceh IDPs, to express skepticism about the government’s commitment and ability to effectively address the tsunami IDPs. According to this NGO representative, the government has not treated IDPs well, even without the challenges brought by a natural disaster that has wiped out a major part of civil government and where a large part of the population suffered complete destruction of property. The civilian government in Aceh collapsed before Soeharto’s regime designated Aceh a military operation area (DOM) in 1989.7 Governance of Aceh has been in the hands of a regional military commander for decades.